Can Bail Be Refused in NSW? | Bail Lawyer Sydney | Michael Confos
- Michael Confos
- Jul 10
- 4 min read
Can Bail Be Refused in NSW?
Being arrested is often an overwhelming experience for both the accused and their family. One of the first questions people ask is whether bail can be refused and what happens if a person is kept in custody.
The answer is yes. Under NSW law, both police and the courts have the power to refuse bail in certain circumstances. Whether bail is granted depends on the individual facts of each case, the alleged offence, and the legal principles contained in the Bail Act 2013 (NSW).
If you or a family member requires urgent advice regarding a bail application, visit our dedicated Bail Lawyer Sydney page:
Understanding how bail decisions are made can help you prepare for what happens next.
Can Police Refuse Bail?
Yes.
After a person is arrested and charged, police may decide whether to grant bail or refuse bail. If police refuse bail, the accused will generally remain in custody until they can appear before a court.
Police consider a number of factors when making this decision, including the seriousness of the alleged offence and whether there are concerns about releasing the accused into the community before their court appearance.
Being refused bail by police does not necessarily mean the court will also refuse bail.
Need Urgent Advice?
If a family member has recently been arrested, obtaining legal advice as early as possible can assist in preparing a bail application and understanding the next steps.
Learn more about the bail process by visiting our Bail Lawyer Sydney page:
Can the Court Refuse Bail?
Yes.
Once the accused appears before the court, the magistrate or judge will independently consider whether bail should be granted.
The court does not simply accept the police decision. Instead, it must consider the relevant provisions of the Bail Act 2013 (NSW) and assess whether the accused presents any unacceptable risks that cannot be adequately managed through bail conditions.
Each application is determined on its own facts.
Why Might Bail Be Refused?
The court may consider a range of factors, including whether there is a risk that the accused may:
Fail to appear at future court proceedings.
Commit further offences while on bail.
Endanger victims, witnesses or the community.
Interfere with witnesses or evidence.
The seriousness of the alleged offence, criminal history, previous compliance with bail and the accused’s personal circumstances may also be relevant.
Where appropriate, the court may consider whether suitable bail conditions can reduce any identified risks.
What Is an Unacceptable Risk?
One of the central questions in many bail applications is whether releasing the accused would create an unacceptable risk.
The court carefully considers whether any identified concerns can be appropriately addressed through conditions such as:
Reporting to police.
Living at a specified address.
Curfews.
Surrendering a passport.
Restrictions on contacting certain people.
Other conditions considered appropriate in the circumstances.
If the court is satisfied that appropriate conditions sufficiently reduce the risks, bail may still be granted.
Preparing a Bail Application
Every criminal matter is different.
Proper preparation before a bail application may assist in presenting relevant information to the court, including accommodation arrangements, employment details, family support and proposed bail conditions.
If you require urgent advice regarding a bail application, visit:
What Happens If Bail Is Refused?
If bail is refused, the accused generally remains in custody.
Depending on the circumstances, further legal options may still be available.
These options vary depending on the facts of each matter and the applicable legislation.
Obtaining legal advice promptly may assist in understanding what options are available following a refusal of bail.
Are Some Offences More Difficult to Obtain Bail For?
Yes.
Certain offences involve additional legal considerations under the Bail Act 2013 (NSW), including matters involving “show cause” provisions.
In these matters, the court applies the relevant legal framework before deciding whether bail should be granted.
Whether bail is ultimately granted depends on the individual facts of the case.
Can Family Members Help?
Family members often play an important role in preparing a bail application.
They may be able to assist by:
Providing accommodation.
Demonstrating family support.
Assisting with employment information.
Helping organise suitable bail conditions.
Providing information relevant to the application.
Early preparation may assist in ensuring all relevant information is available before the matter is heard.
Speak With Michael Confos
If you or a loved one has been refused bail, obtaining legal advice promptly is important.
To learn more about bail applications throughout Sydney, visit our dedicated Bail Lawyer Sydney page:
You may also find these articles helpful:
How to Get Bail in NSWhttps://www.michaelconfoslawyer.com.au/post/how-to-get-bail
Urgent Bail Applications – How We Can Helphttps://www.michaelconfoslawyer.com.au/post/urgent-bail-applications-how-we-can-help
What Happens at a Bail Hearing?https://www.michaelconfoslawyer.com.au/post/what-happens-at-a-bail-hearing
Disclaimer
The information contained in this article is provided for general informational purposes only and is not legal advice. It should not be relied upon as a substitute for obtaining legal advice tailored to your individual circumstances. Every criminal matter is different, and the outcome of any case depends on its particular facts and the applicable law. Reading this article does not create a solicitor-client relationship. Michael Confos is not your lawyer, and you should obtain independent legal advice from a qualified Australian legal practitioner regarding your specific situation.
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